Planning and Environment Regulations 2005 Form 9
Permit No.: 944/2012
DRAFT
PLANNING
PERMIT
Planning Scheme: Greater Geelong Planning
Scheme
Responsible Authority: Greater Geelong City
Council
GRANTED UNDER DIVISION 5 OF PART 4 OF
THE PLANNING AND ENVIRONMENT ACT
1987
ADDRESS OF THE LAND:
621-639 and 641-659 Bellarine Highway, Leopold
THE PERMIT ALLOWS:
Buildings and works associated with Stage One of the
Leopold sub-regional shopping centre, the use of the
land for a restricted retail facility (gymnasium), reduction
of car parking requirements, alteration of access to a
Road Zone Category 1, and the removal of native
vegetation generally in accordance with the endorsed
plans.
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT:
Development Plan approval
1.
The development as shown on the endorsed plans must not commence until a
Development Plan required by Schedule 26 of the Development Plan Overlay of the
Greater Geelong Planning Scheme has been approved by the Responsible Authority.
Amended Plans Required
2.
Prior to the commencement of the development, three (3) copies of amended plans to
the satisfaction of the Responsible Authority must be submitted to and approved by
the Responsible Authority. When approved, the plans will be endorsed and will then
form part of the permit. The plans must be drawn to scale with dimensions and must
be generally in accordance with the plans entitled “Bellarine Gateway Plaza, Town
Planning Application, Stage 1” by Clarke Hopkins Clarke, dated August 2012 but
modified to show:
a)
b)
c)
Public art consistent with the approved Public Art Plan;
Public transport infrastructure and car park design consistent with the
approved Traffic and Access Plan;
notations that signage does not form part of this permit;
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 1 of 8
Planning and Environment Regulations 2005 Form 9
d)
active frontages on the external elevations of the tenancies on both sides of
the western entry to the internal mall.
No alterations
3.
The use and development as shown on the endorsed plans must not be altered
without the written consent of the Responsible Authority.
Traffic and Access Plan
4.
Prior to the commencement of the development, a Traffic and Access Plan to the
satisfaction of the Responsible Authority, prepared by a suitably qualified
professional, must be submitted to and approved by the Responsible Authority. The
Traffic and Access Plan must outline how different transport modes will be integrated
in the centre. The plan must be generally in accordance with the Traffic Management
Plan forming part of the approved Development Plan. The Plan must include detail of
but not be limited to:
a)
b)
c)
d)
e)
f)
g)
internal and external bicycle links of the land, including to the Bellarine Rail
Trail
internal and external pedestrian links of the land, including to the Leopold
Recreation Reserve and the land to the north
the location of public transport infrastructure (including bus stop/s, taxi rank/s
and timetable information) within the centre
bicycle parking and change facilities
way-finding signage
the number and dimensions of car parking spaces and loading areas,
including the car park design in the vicinity of landscaping/trees in the car park
intersection and road treatments
When approved, the Traffic and Access Plan will be endorsed and then form part of
the permit. The use and development of the land must be carried out in accordance
with the Traffic and Access Plan to the satisfaction of the Responsible Authority.
Pedestrian Paths, Access & Parking
5.
Unless otherwise approved by the Responsible Authority, prior to the occupation of
the development, the areas set aside for the parking of vehicles, access lanes and
pedestrian paths as shown on the endorsed plans must be:
a)
b)
c)
d)
e)
f)
constructed;
properly formed to such levels that they can be used in accordance with the
plans;
surfaced with an all weather seal coat.
drained;
line marked to indicate each car space and all access lanes;
clearly marked to show the direction of traffic along access lanes and
driveways;
to the satisfaction of the Responsible Authority.
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 2 of 8
Planning and Environment Regulations 2005 Form 9
Car spaces, access lanes, pedestrian paths and driveways must be kept available for
these purposes at all times.
Drainage Plans Required
6.
Prior to the commencement of the development, engineer designed drainage plans to
the satisfaction of the Responsible Authority must be submitted to and approved by
the Responsible Authority. The plans must be generally in accordance with the
Flooding, Stormwater and Drainage Management Plan (including the Drainage
Feasibility Study, Water Quality Impact Report and Flood Impact Report) that forms
part of the approved Development Plan for the land.
7.
Prior to the occupation of the development, drainage must be constructed in
accordance with the approved drainage plans to the satisfaction of the Responsible
Authority.
Construction Management Plan
8.
Prior to commencement of any works, a detailed Construction Management Plan
(CMP) must be submitted to and approved by the Responsible Authority. This plan
must incorporate, but is not limited to, the following information:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
l)
A staging plan for all construction phases including indicative dates for
commencement and completion;
Intended access for construction vehicles;
Engineering assessment of assets that will be impacted on by construction
and recommended techniques to minimise any adverse impact;
Details of actions to be implemented in the event of damage to abutting
assets infrastructure;
Details of where construction personnel will park;
Hours/days of construction (NOTE: these works must be consistent with EPA
legislation and guidelines);
Phone numbers of on-site personnel or other supervisory staff to be
contactable in the event of issues arising on site;
Details of site cleanliness, litter management and clean up regimes;
Material storage;
Dust suppression;
Plan to accord with the EPA Publication No. 960 “Doing it right on Subdivision
– temporary environmental protection measures for subdivision construction
sites” and No. 480 “Best Practice Environmental Guidelines for Major
Construction Sites”;
Control of sediment and litter discharged from the site to Gateway Sanctuary
and the Reedy Lake RAMSAR area.
Refuelling locations and storage areas for fuel and other chemicals. These
areas must be located well away from the vegetation to be retained and
internal drains.
When approved this Construction Management Plan will form part of this permit. All
development and works must be carried out in accordance with the Construction
Management Plan, to the satisfaction of the Responsible Authority.
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 3 of 8
Planning and Environment Regulations 2005 Form 9
(Note: where a conflict arises with the construction management plan and any
legislation, the relevant legislation will take precedence).
When the approved sediment and erosion controls are in place as per the approved
CMP, the applicant must contact the City’s Environment and Natural Resources Unit
to undertake an inspection of the measures in place.
Construction Phase
9.
During the construction phase of the development, the following conditions must be
met:
a)
b)
c)
d)
e)
f)
only clean rainwater shall be discharged to the stormwater drainage system;
stormwater drainage system must be protected so that no solid waste,
sediment, sand, soil, clay or stones from the premises enters the stormwater
drainage system;
material from the site must not be deposited on adjacent footpaths and roads
abutting the site;
all machinery and equipment must be cleaned (if required) on site and not on
adjacent footpaths or roads; and
all litter (including construction refuse, packaging, waste materials and off
cuts, and all other rubbish generated by occupation of the site) must be
contained on site; and
dust suppression;
to the satisfaction of the Responsible Authority.
Preparation of Landscape Plans
10.
Prior to the commencement of development, three (3) copies of a landscape plan
prepared by a suitably qualified or experienced person, to the satisfaction of the
Responsible Authority, must be submitted to and approved by the Responsible
Authority. When approved, the plan will be endorsed and then form part of the permit.
The plan must be generally in accordance with the Landscape Masterplan forming
part of the approved Development Plan. The plan must be drawn to scale and show:
a)
b)
c)
d)
e)
f)
All existing trees proposed for retention and removal, including trees on
adjacent roads and land that may be affected by the development.
The layout of all planting within the development site.
A detailed planting schedule of all proposed planting including botanical
names, common names, supply sizes, sizes at maturity, densities and
quantities of each plant.
The proposed layout, materials and finishes of garden beds, paths, areas of
pavement, structures, fences, street furniture, wall treatments etc.
Any additional supporting information, such as certified structural designs or
building forms.
All proposed tree planting using semi-advanced trees with a minimum
container size of 45 litres or 2 metres in height.
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 4 of 8
Planning and Environment Regulations 2005 Form 9
g)
h)
i)
The maintenance schedule for all proposed landscaping, including hard and
soft landscaping elements.
Detail and location of way-finding signage
similar species of trees along the Bellarine Hwy as currently exists to retain an
indigenous landscape opposite the Gateway Sanctuary;
to the satisfaction of the Responsible Authority.
Completion and Maintenance of Landscape Works
11.
Prior to the occupation of the development, the landscaping works as shown on the
endorsed plans must be carried out and completed to the satisfaction of the
Responsible Authority. The landscaping shown on the endorsed plans must be
maintained to the satisfaction of the Responsible Authority.
Protection of Existing Trees
12.
Prior to the commencement of the development, a Tree Protection Plan must be
prepared and submitted to the Responsible Authority for approval. The Plan must be
to the satisfaction of the Responsible Authority. The Tree Protection Plan must outline
measures for the protection of all trees to be retained within the development site and
on adjoining road reserves and neighbouring properties (including trees 1, 3, 4, 6
and 7 as identified in the Arboricultural Report prepared by Tree Response, and have
regard to the Tree Response Arboricultural Report dated February 4, 2013 and
AS4970 – 2009 (Protection of Trees on Development Sites). When approved, the
Plan will be endorsed and form part of the permit.
The City’s Environment and Natural Resources Unit must be contacted to inspect the
Tree Protection Fencing prior to works commencing.
Once approved, the tree protection plan must be implemented and maintained for the
duration of works. Tree protection measures shall not be accessed, altered or
modified without the written consent of the Responsible Authority and consulting
Arborist.
13.
All persons undertaking works on site must be informed about the areas of native
vegetation to be retained on site and all environmental conditions included as part of
this planning permit, in particular the approved CMP and Tree Protection Plan. This
information must be provided by means of an induction process, and records of this
must be kept. A copy of the permit must be made available to all people working on
the project.
13.
No vehicular or pedestrian access, trenching or soil excavation may occur within the
Tree Protection Zone without the written consent of the Responsible Authority. No
storage or dumping of tools, equipment or waste may occur within the Tree Protection
Zone.
14.
All work within the drip lines of any tree either above or below ground which has been
nominated for protection must be supervised by the consulting arborist to ensure that
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 5 of 8
Planning and Environment Regulations 2005 Form 9
the works are completed in a manner which minimises damage or impact on the
tree(s) to be protected.
15.
Any pruning of Tree 4 as identified in the Arboricultural Report prepared by Tree
Response must only be completed by a suitably qualified arborist and must be carried
out in accordance to the requirements of AS4373 -2007 Pruning of Amenity Trees to
the satisfaction of the Responsible Authority.
16.
Other than the native vegetation shown on the endorsed plans, native vegetation
must not be removed, destroyed or lopped native vegetation.
17.
All tree removal works shall only be undertaken by a qualified Level 5 Arborist.
18.
Prior to the removal of native vegetation, an Offset Management Plan that is to the
satisfaction of the Responsible Authority must be submitted to and approved by the
Responsible Authority. The Offset Management Plan must show appropriate offsets
to compensate for the loss of scattered indigenous trees of ‘High’ Conservation
Significance.
The Offset Management Plan must include but is not limited to the following:
 Means of calculating the offsets;
 Locations where offsets will be provided;
 Details of works to be undertaken to achieve the required gain;
 Persons responsible for implementing and monitoring the offset plan;
 Methods for interim protection of newly established vegetation;
 Methods of permanent protection for the established offsets and measures to
manage;
 Details of required monitoring to achieve net gain for the 10 year period in a
schedule of works.
When approved, the Offset Management Plan will be endorsed and then form part of
the permit.
Public Art Plan
19.
Prior to the commencement of the development, a Public Art Plan to the satisfaction
of the Responsible Authority must be submitted to the Responsible Authority for
approval. When approved, the plan will be endorsed and then form part of the permit.
The Plan must detail the location and content of public art on the land. Unless
otherwise approved in writing by the Responsible Authority, public art must be
completed prior to the occupation of the development. Once completed, public art
must be maintained to the satisfaction of the Responsible Authority.
Litter/Waste Management
20.
Prior to occupation of the development, a litter management plan must be submitted
to and approved by the Responsible Authority. The litter management plan must set
out the ways in which the operators of the site will be responsible for the collection of
litter associated with the Centre. The litter management plan must detail the following:
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 6 of 8
Planning and Environment Regulations 2005 Form 9
a)
b)
c)
d)
Fencing or other method to contain litter within the site;
The management practices for litter collection and disposal including details of
storage and regularity;
The location of rubbish bins, cigarette butt bins and skips;
The management practices for the periodic cleaning of on-site drainage litter
traps.
Once approved, the operation of the site must accord with the litter management plan
to the satisfaction of the Responsible Authority.
General Amenity
21.
The amenity of the area must not be detrimentally affected by the use or development
through the:
a)
b)
c)
d)
Transport of materials, goods or commodities to or from the land;
Appearance of any building, works or materials;
Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour,
steam, soot, ash, dust, waste water, waste products, grit or oil;
Presence of vermin;
to the satisfaction of the Responsible Authority.
Outdoor Lighting
22.
Any outdoor and/or security lighting provided must be designed to prevent adverse
light spill on adjoining land or road reserve to the satisfaction of the Responsible
Authority.
General Loading
23.
The loading and unloading of goods from vehicles must only be carried out on the
land within the designated loading bay(s) and must not disrupt the circulation and
parking of vehicles on the land.
Use of Loading Bay and Car Parking Areas
24.
The loading bay area(s) must remain available for this purpose at all times to the
satisfaction of the Responsible Authority.
Car parking areas shown on the endorsed plans must remain available for this
purpose at all times to the satisfaction of the Responsible Authority.
Comply with SEPP N-1
25.
Noise levels emanating from the premises must not exceed those required to be met
under the State Environment Protection Policy (Control of Noise from Commerce,
Industry and Trade), No. N-1.
Comply with SEPP N-2
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 7 of 8
Planning and Environment Regulations 2005 Form 9
26.
Noise levels emanating from the premises must not exceed those required to be met
under State Environment Protection Policy (Control of Music Noise from Public
Premises), No. N-2.
Vicroads conditions
[insert]
Public Transport Victoria conditions
[insert]
Expiry of Permit
27.
This permit will expire if one of the following circumstances applies:
a)
b)
c)
The development is not commenced within four (4) years of the date of this permit.
The development is not completed within six (6) years of the date of this permit.
The use has not commenced within six (6) years of the date of this permit.
The Responsible Authority may extend the periods referred to if a request is made in writing
within six (6) months of the date of expiry.
Date Issued:
Permit No.: 944/2012
Date Permit comes into
operation:
(or if no date is specified, the
permit comes into operation on
the same day as the amendment,
to which the permit applies,
comes into operation)
Signature for the Responsible
Authority
Page 8 of 8
IMPORTANT INFORMATION ABOUT THIS PERMIT
WHAT HAS BEEN DECIDED?
The Responsible Authority has issued a permit. The permit was granted by the Minister administering the Planning and Environment Act 1987
under section 96I of that Act.
WHEN DOES THE PERMIT BEGIN?
The permit operates from a day specified in the permit being a day on or after the day on which the amendment to which the permit applies comes
into operation.
WHEN DOES A PERMIT EXPIRE?
1.
A permit for the development of land expires if *
the development or any stage of it does not start within the time specified in the permit; or
*
the development requires the certification of a plan of subdivision or consolidation under the Subdivision Act 1988 and the
plan is not certified within two years of the issue of a permit, unless the permit contains a different provision; or
*
the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two
years after the issue of the permit or in the case of a subdivision or consolidation within 5 years of the certification of the
plan of subdivision or consolidation under the Subdivision Act 1988.
2.
A permit for the use of land expires if *
the use does not start within the time specified in the permit, or if no time is specified, within two years after the issue of the
permit; or
*
3.
the use is discontinued for a period of two years.
A permit for the development and use of land expires if *
the development or any stage of it does not start within the time specified in the permit; or
*
the development or any stage of it is not completed within the time specified in the permit, or, if no time is specified, within
two years after the issue of the permit; or

the use does not start within the time specified in the permit, or, if no time is specified, within two years after the completion
of the development: or

4.
the use is discontinued for a period of two years.
If a permit for the use of land or the development and use of land or relating to any of the circumstances mentioned in section 6A(2) of
the Planning and Environment Act 1987, or to any combination of use, development or any of those circumstances requires the
certification of a plan under the Subdivision Act 1988, unless the permit contains a different provision-
5.
*
the use or development of any stage is to be taken to have started when the plan is certified; and
*
the permit expires if the plan is not certified within two years of the issue of the permit.
The expiry of a permit does not affect the validity of anything done under that permit before the expiry.
WHAT ABOUT APPEALS?
*
Any person affected may apply for a review of 
a decision of the responsible authority refusing to extend the time within which any development or use is to be started or any
development completed; or.

a decision of the responsible authority refusing tot extend the time within which a plan under the Subdivision Act 1988 is to be
certified, in the case of a permit relating to any of the circumstances mentioned in section 6A(2) of the Planning and
Environment Act 1987; or.

the failure of the responsible authority to extend the time within one month after the request for extension is made.
*
An application for review is lodged with the Victorian Civil and Administrative Tribunal.
*
An application for review must be made on an Application for Review form which can be obtained from the Victorian Civil and
Administrative Tribunal, and be accompanied by the applicable fee.
*
An application for review must state the grounds upon which it is based.
*
*
An application for review must also be served on the Responsible Authority.
Details about applications for review and the fees payable can be obtained from Victorian Civil and Administrative Tribunal.
_______________________________